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Car dealer claimed I bounced check after elec xfer failed.

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C

car_buyer

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? CA

I purchased a used car from a dealer. Partial payment was by credit card and partially by a personal check. While I was there, they apparently electronically transferred the checking funds because they gave me the check back with it stamped "PAID" and "Electronically deposited" plus a receipt. 22 days later they call me and tell me my check bounced and are requesting prompt payment. I told him my check did not bounce, but I could probably get in the next day and bring him a new personal check. He told me they would only accept a cashier's check. I told him I would not give him a cashier's check. He then told me that I could bring the car back. So I decided to do that because I was angry with the way I was treated - since the funds were in my account the whole time (and still are). But when I got down there I was told that returning the car was not an option. They would turn it over to the bank (apparently for repo) if I didn't pay the balance.
Do I have any recourse, or action that I can take?

Thank you in advance. Angry car buyer.
 


I

I AM ALWAYS LIABLE

Senior Member
car_buyer said:
What is the name of your state?What is the name of your state?What is the name of your state? CA

I purchased a used car from a dealer. Partial payment was by credit card and partially by a personal check. While I was there, they apparently electronically transferred the checking funds because they gave me the check back with it stamped "PAID" and "Electronically deposited" plus a receipt. 22 days later they call me and tell me my check bounced and are requesting prompt payment. I told him my check did not bounce, but I could probably get in the next day and bring him a new personal check. He told me they would only accept a cashier's check. I told him I would not give him a cashier's check. He then told me that I could bring the car back. So I decided to do that because I was angry with the way I was treated - since the funds were in my account the whole time (and still are). But when I got down there I was told that returning the car was not an option. They would turn it over to the bank (apparently for repo) if I didn't pay the balance.
Do I have any recourse, or action that I can take?

Thank you in advance. Angry car buyer.
Click to expand...

My response:

No, you have no recourse. You signed a contract. Now, at the exact moment that the check was presented to the dealership, were there funds to cover that check in your account?

IAAL
 
C

car_buyer

Junior Member
Yes, I transferred the funds into my checking account several days before I made the purchase. And the funds are currently still there to cover the check.
 
I

I AM ALWAYS LIABLE

Senior Member
car_buyer said:
Yes, I transferred the funds into my checking account several days before I made the purchase. And the funds are currently still there to cover the check.
Click to expand...
My response:

Then, your anger is misplaced. You should be talking to your bank. But, in the meantime, and while you're talking to your bank in person about this problem, have them prepare a cashier's check from the funds in your account and deliver the same to the dealership.

You have no other leverage. The dealership has a signed, enforceable, contract.

IAAL
 
C

car_buyer

Junior Member
I talked to my bank and they saw no indication that anyone tried to draw those funds from my account. And they stated that they did not assess a NSF fee so that was not the issue. But, nevertheless, it sounds like you're basically saying that it's irrelevant if it was the bank's fault or the dealer's fault. I still am required to pay the balance.

Thanks for the info.
 
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